Woman Gets 2 Years In Death Of Pedestrian

MANCHESTER — A Vernon woman accused of drunken driving after police said her car struck a 40-year-old pedestrian who later died has been sentenced to two years in prison.

Lori Giroux was arrested after the November 2003 fatal accident on North Main Street near the intersection with Marble Street. The pedestrian, Michael D. Swann, died a day after the accident.

Giroux faced charges of driving while under the influence, second-degree assault with a motor vehicle, possession of less than 4 ounces of marijuana and possession of a controlled substance within 1,500 feet of a school.

Giroux, 42, pleaded guilty Monday in Superior Court to driving under the influence and possession of less than 4 ounces of marijuana. The state decided not to prosecute charges of second-degree assault with a motor vehicle and possession of a controlled substance within 1,500 feet of a school, according to court records.

Giroux was sentenced to four years in prison, suspended after two years, and three years of probation. Assistant Public Defender Janice Wolf, who represented Giroux, said conditions of her probation include 100 hours of community service, substance abuse treatment and counseling and no driving while her license is suspended.

After the accident, police found what they thought was a marijuana cigarette in the left breast pocket of her vest and an empty bottle of blackberry brandy on the right rear floorboard of her car, according to court records.

The results of several field sobriety tests administered to Giroux were not satisfactory, court records say. A couple hours after the accident her blood-alcohol content was determined to be 0.09 percent, 0.01 percent above the 0.08 percent legal limit.

Wolf said Giroux was convicted twice before of driving while under the influence -- in 1994 and 1997. She said the disposition of the case came as a result of several factors: There was a question, for instance, as to whether Giroux's low level of intoxication would have been the cause of the accident. Just moments before the fatal accident, a Manchester police officer nearly hit Swann, who was walking in the road, according to court records. And the prosecution also contacted Swann's family, who indicated Swann was a forgiving person and would not have wanted retribution. The family left the sentence up to the state and judge, Wolf said.